The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a community substance abuse service because it lies outside our jurisdiction. The complaint is not made about, or in connection with, the provision of adult social care and so the law prevents us from investigating.
The complaint
Mr X complains about the service provided by the care provider and says its actions prolonged his recovery.
The Ombudsman’s role and powers
We can investigate the actions of adult social care providers. This is defined as a person who carried out an activity which: involves, or is connected with, the provision of adult social care, and is a regulated activity within the meaning of Part 1 of the 2008 Act. (Local Government Act 1974, Part 3A) Adult social care is defined as personal care and other practical assistance. Personal care is defined as physical assistance given to a person in connection with: eating or drinking, toileting, washing or bathing, dressing, oral care, the care of skin, hair and nails, or the prompting, together with supervision, of a person in relation to the performance of any of the activities listed above where that person is unable to make a decision for themselves.
How I considered this complaint
I considered information provided by the complainant.
I considered information about the provider on its website and information on the Care Quality Commission (CQC) website about its registration and the services it provides.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. This is because it is not made about, or in connection with, the provision of adult social care. This means the law says we cannot consider it and we have no discretion to do so.
The services provided by the provider are not adult social care, but rather community services for substance abuse.
Final decision
We cannot investigate Mr X’s complaint because it lies outside of our jurisdiction and we have no discretion to consider it.
Investigator's decision on behalf of the Ombudsman